O.C.G.A. § 44-2-19 (2019)
Recording deed on affidavit of third person
If the subscribing witness or witnesses are dead, are insane, have moved outside the state, or are otherwise incapacitated to make the affidavit provided for in Code Section 44-2-18, the affidavit of a third person testifying to the execution of the deed and to the genuineness of the handwriting of the subscribing witness or witnesses shall be sufficient to admit the deed to record. (Laws 1838, Cobb’s 1851 Digest, p. 176; Laws 1841, Cobb’s 1851 Digest, p. 178; Ga. L. 1858, p. 53, § 1; Code 1863, § 2670; Code 1868, § 2666; Code 1873, § 2708; Code 1882, § 2708; Civil Code 1895, § 3624; Civil Code 1910, § 4206; Code 1933, § 29-411.)
Annotations
JUDICIAL DECISIONS rather than to a deliberate purpose to repeal the law; however, the effect is a repeal. McVicker v. Conkle, 96 Ga. 584, 24 S.E. 23 (1895) (see O.C.G.A. § 44-2-19). Affidavit asserting witness did not sign deed raises jury issue. - When an affiant asserts plainly that, to the affiant’s knowledge, the affiant’s mother did not sign the deed in question, the affidavit alone raises an issue for a jury to determine as to the genuineness of the deed. Mathews v. Brown, 235 Ga. 454, 219 S.E.2d 701 (1975).
Swearing to genuineness of handwriting of person executing not required. - Original Acts from which this statute was codified required not only that the third person therein referred to should swear to the genuineness of the handwriting of the subscribing witnesses, but the third person was required also to swear to the genuineness of the handwriting of the person executing the instrument. The omission of this latter requisite in these present provisions of a positive statute may be fairly attributable to oversight
RESEARCH REFERENCES Am. Jur. 2d. - 23 Am. Jur. 2d, Deeds, § 99.